Madras High CourtWP/21384/2023disposed of

G.Ramar v. Government Of Tamilnadu

2023-07-20Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

1. G.Ramar

2. R.Arjunan

3. A.Illayaperumal

4. G.Kamachi

5. Dhandapani

6. R.Chinnasamy

7. E.Sekar

8. E.Palani

9. P.Kasthuri 10.P.Kamachi 11.A.Ramesh 12.A.Murugan 13.Raman 14.R.Murugan 15.G.Kumar 16.S.Santhakumar 17.K.Ravi 18.L.Lakshmi 19.R.Jai Ganeshnan 20.R.Kalaimani 21.K.Shanmugasundaram 22.S.Moorthy 23.Selvam ..

Petitioners

Vs.

1. Government of Tamil Nadu Rep. By its Secretary Revenue and Disaster Management Fort St. George Chennai.

2. The Commissioner of Land Administration Elilagam, Chepauk Chennai.

3. The District Collector Thiruvannamalai District Thiruvannamalai.

4. District Revenue Officer Thiruvannamalai.

5. Revenue Divisional Officer Thiruvannamalai.

6. Tahsildar Thiruvannamalai.

7. Block Development Officer Thiruvannamalai Union Vengikkal Thiruvannamalai.

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus forbearing the respondents from evicting the petitioners from the property comprised in Survey No.20/1 situated at So. Keezhnachipat Village, Tiruvannamalai Taluk and District till the disposal of the appeal dated 03.10.2022.

For the Petitioners : Mr.K.Rajarajan For the Respondents : Mr.P.Muthukumar State Government Pleader Assisted by Mrs.R.Anitha Special Government Pleader

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.R.Rajarajan, learned counsel for the petitioners and Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader for the respondents.

2. Learned counsel for the petitioners submits that the petitioners have filed an appeal under Section 10 of the Tamil Nadu Land Encroachment Act on 03.10.2022. Subsequently, stay petition was filed on 15.06.2023. However, no cognizance is taken and now, the eviction notice is also issued.

3. The petitioners shall appear before the appellate authority on

27.07.2023 and put forth their case. With regard to stay petition filed in the appeal, the appellate authority shall endeavour to decide within fifteen days from the date of appearance of the petitioners. Till the stay petition is decided by the Collector, no further coercive steps be taken. Depending upon the decision of the Collector, the parties may take further steps.

4. The writ petition is disposed of. There will be no order as to costs. W.M.P.No.20795 of 2023 filed to permit the petitioners to file a single writ petition is allowed, inasmuch as they have paid separate court-fee. W.M.P.No.20797 of 2023 is closed. (S.V.G., CJ.) (P.D.A., J.) 20.07.2023 Index :

Yes/No :

Yes/No kpl

1. The Secretary Revenue and Disaster Management Fort St. George Chennai.